Schlungger v. State

The appellant was tried in the court below and found guilty of the charge of petit larceny. His punishment was fixed at imprisonment in the State’s prison for one year, to which were added a fine and disfranchisement.

There are two grounds presented in the brief upon which a reversal of the judgment is asked : 1. That the verdict is *296not sustained by the evidence; and, 2. Because the judge pro tempore, who presided at the tfial, was not regularly appointed, and hence had no right or jurisdiction to try the case or give judgment therein.

Concerning the point last named, the record recites that “…